1. Introduction.
This Membership Agreement (“Agreement”) is entered into by and between MotivAction Wellness Club LLC, hereinafter referred to as the “Gym,” and the undersigned client, hereinafter referred to as “Member.” This Agreement outlines the terms and conditions of membership at the Gym, which provides strength and cardio sessions scheduled every hour.
2. Memberships and Class Packages:
Memberships are offered at a fixed rate and include the following
One-A-Day Membership
- Monthly Payment Option: (1/day): $320/month (recurring).
- Weekly Payment Option: $80/week (recurring).
Add-On Classes
- Additional Class on the Same Day: $18 per class. Add-ons are valid only on the same day of purchase.
Class Packages
- 5-Class Package: $120, valid for 30 days from the date of purchase.
- 10-Class Package: $210, valid for 60 days from the date of purchase.
Introductory Offer
- Two-Class Trial ("2-for-1 Deal"): $35. This offer is available as a one-time purchase per customer.
Day Pass
- Drop-In or Single Session: $35, valid for use on the day of purchase.
Premium Plans
- Ultimate 90: Unlimited access for 90 days, $900.
- Ultimate 180: Unlimited access for 180 days, $1,700.
- Ultimate 365: Unlimited access for 365 days, $3,300.
3. Promotions:
a) Promotional Pricing and Terms. Promotional pricing is offered for a duration of three (3) months. During this period, the promotional price will apply. After the three-month promotional period, membership pricing will automatically revert to the standard rates specified for the selected membership option.
b) Non-Refundable and Non-Transferable. Promotional memberships are non-refundable and non-transferable.
c) Automatic Renewal. At the conclusion of the promotional period, the membership will automatically renew at the standard rate unless canceled in accordance with the cancellation terms outlined in the Agreement.
NOTE:
Members are advised to review all terms associated with promotional pricing before enrolling.
4. Guest Passes:
Members are entitled to one guest pass per week, which allows non-members to access the facilities on a one-time basis. Guest passes are valid only for the day they are issued and are subject to availability.
5. Payment and Billing Information.
a) Automatic Renewal: Payments will be billed weekly or monthly as per chosen membership plan. A minimum commitment of one month is required. Memberships will automatically renew unless the Member provides notice of cancellation.
b) Late Payments: If payment is not received by the due date, the Gym reserves the right to suspend the Member’s access to the facility until the account is brought current.
c) Payment Method: Members may provide credit/debit card information for automatic billing. By providing this information, the Member authorizes the Gym to charge the card on file for recurring payments.
d) MotivAction Wellness Club LLC reserves the right to increase the regular pricing of the Membership Fee upon a 30-day notice.
6. Membership Cancellation and Refunds.
a) Cancellation Policy: Members may cancel their membership after the initial one-month commitment period by providing written notice to the Gym at least five (5) days before the end of the current billing cycle. A $20 cancellation fee will apply unless Member agrees to complete an exit interview. Cancellations will take effect at the end of the current billing cycle. No refunds will be provided for unused sessions.
b) Refund Policy: Refunds are not available except in cases where the Gym is unable to provide services due to unforeseen circumstances. In such cases, the Gym may offer credit toward future sessions.
7. Membership Freezes.
Members may request a temporary freeze of their membership for reasons including medical conditions, travel, or other personal matters. Membership freezes are subject to the following conditions:
a) Freeze requests must be made in writing and are subject to approval.
b) Freezes may last for a minimum of one (1) week and a maximum of three (3) months. Membership can freeze once per 6-months.
c) During the freeze period, billing will be paused, and the Member will not have access to the Gym’s facilities or services.
8. Termination of Membership
. MotivAction Wellness Club LLC reserves the right to terminate a membership at any time for the following reasons:
a) Non-Payment: Failure to pay membership fees or any other charges within the specified payment period.
b) Violation of Policies: Breach of any terms outlined in this membership agreement, including but not limited to the Code of Conduct, Class Attendance Rules.
c) Disruptive Behavior: Engaging in behavior deemed disruptive, abusive, or harmful to other members or staff, including harassment, intimidation, or aggression.
d) Health and Safety Violations: Failing to comply with health and safety protocols as established by the gym, which may endanger themselves or others.
e) Repeated No-Shows: Accumulating multiple no-show incidents without appropriate cancellations, as outlined in the Agreement.
f) Misuse of Facilities: Using the gym's facilities or equipment inappropriately or in a manner not in line with established guidelines.
Members will receive a written notice of termination, along with the reasons for the decision. In the event of termination, no refunds will be issued for unused membership fees or classes.
9. Class Reservations.
It is the responsibility of each member to book classes in advance to secure their spot. Classes are available on a first-come, first-served basis for Members who have not reserved in advance. If a class is already full, the Gym reserves the right to refuse walk-ins to maintain the quality and safety of the session.
a) Booking Policy. All classes must be booked ahead of time through online booking system or by contacting the gym directly. If a member cannot attend a scheduled class, they must cancel their reservation at least two (2) hours before the class start time.
b) Class Cancellation and No-Show. Any class that is not canceled at least two (2) hours in advance and is not attended will be recorded as a no-show. In the event of a no-show, the Member will be banned from attending any additional classes for that day. The Member may regain access to classes for that day by agreeing to purchase an additional class at the add-on rate outlined in the Agreement. Multiple no-shows may result in additional penalties or restrictions on the Member’s ability to book future classes up to termination of membership, as determined by the Gym’s management.
c) Class Limits. Each membership includes access to one class per day. Any Member wishing to attend an additional class on the same day must purchase the class at the add-on rate specified in the Agreement. This fee will be added to the Member’s account and billed accordingly.
10. Class Attendance Rules.
a) Class Timing: Each class begins and ends promptly at the scheduled time. Members are expected to respect these times to ensure a smooth experience for all participants.
b) Arrival Requirement: Members must be fully prepared and present in the facility at least 10 minutes before the class start time.
c) Late Arrival Policy: Members arriving more than 15 minutes late will not be permitted to join the class, and the session will be automatically recorded as a no-show, and the member will forfeit access to any classes for that day unless the Member agrees on purchasing a session at an Add On rate listed in this Agreement.
This policy helps maintain the quality of the classes and minimizes disruptions to other Members.
11. Health and Safety Acknowledgment.
By signing this Agreement, the Member acknowledges and agrees to the following health and safety provisions:
a) Health Declaration: The Member certifies that they are in good health and capable of participating in physical activities. The Member agrees to inform the Gym of any health conditions or limitations that may affect their participation. The Gym recommends consulting with a healthcare provider before beginning any fitness program.
b) Assumption of Risk: The Member acknowledges that participating in fitness activities carries inherent risks, including but not limited to injury, illness, or adverse effects from physical exertion. The Member voluntarily assumes these risks.
c) COVID-19 and other Infectious Diseases: The Member agrees to comply with any health and safety guidelines implemented by the Gym to prevent the spread of COVID-19 or other infectious diseases. This may include temperature checks, wearing masks, maintaining physical distance, and using provided sanitation stations. The Gym reserves the right to modify guidelines based on public health recommendations.
12. Facility Rules and Code of Conduct.
Members are required to adhere to the following rules while using the Gym’s facilities:
a) Respectful Conduct: Members must treat other members, staff, and the facility with respect. Harassment, discriminatory behavior, or disruption of the environment will not be tolerated and may result in termination of membership.
b) Proper Use of Equipment: Members agree to use all gym equipment as intended and in accordance with instructions. Members are responsible for returning equipment to its designated place and cleaning equipment after use.
c) Dress Code: Appropriate athletic attire and footwear are required at all times.
d) Access to the gym and its facilities is restricted to Members only with a valid membership. This policy helps us maintain a focused and secure environment for all members.
The Gym reserves the right to modify rules and regulations as needed. Members will be notified of any changes.
13. Photo and Video Policy.
Members acknowledge that MotivAction Wellness Club LLC may record classes, events, and activities for marketing and promotional purposes. By signing this agreement, Members consent to the use of their image and likeness in any photographs or videos taken during their participation in classes. If a member prefers not to be recorded, they must inform the instructor prior to the start of the class, and efforts will be made to accommodate their request. However, it is understood that participation in group classes may involve being captured in the background of recordings.
14. Release of Liability.
To the fullest extent permitted by law, the Member releases and holds harmless MotivAction Wellness Club LLC, its owners, employees, instructors, and agents from any and all liability for injury, illness, loss, or damage arising from the Member’s participation in fitness activities or use of the Gym’s facilities. This includes, but is not limited to, claims related to accidents, negligence, or breach of any implied warranty. MotivAction Wellness Club LLC is not liable for the loss or damage of personal items brought into the facility.
15. Privacy Policy.
The Gym is committed to protecting the privacy of its members. Personal information collected during the registration process will be used solely for the purposes of managing memberships and communicating with members. The Gym will not share or sell personal information to third parties.
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts. Any disputes arising from this Agreement will be resolved in the courts of Suffolk County, Massachusetts.
17. Entire Agreement.
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, whether written or oral. No amendments or modifications to this Agreement will be effective unless made in writing and signed by both parties. Motivaction Wellness Club LLC may, from time to time, make changes to this agreement. Such revisions will be effective, unless otherwise stated, 30 days after notice. Member’s continued membership shall constitute acceptance of these changes.
18. Acknowledgment and Signature.
By signing below, the Member acknowledges that they have read, understood, and agree to the terms and conditions outlined in this Agreement.
MotivAction Wellness Club
